1. This is a reference by the learned Additional Sessions Judge, Dacca, under Section 438, Criminal P. C, recommending that; an order of the Deputy Magistrate of Dacca, convicting the accused Satish Chandra Dutta under Section 5, Indian Medical Degrees Act (Act; 7 of 1916), and sentencing him to pay a fine of Rs. 100 or in default to undergo simple imprisonment for one and half months, should be set aside by this Court for reasons stated in the letter of reference. The facts of the case giving rise to this reference have been set out in detail in the judgment of the trial Court; and the main question for determination in the case was whether the accused issued diplomas giving the persons to whom they were granted to understand that he (the accused) was conferring degrees in allopathy whereby one would be entitled to practice western medical science, within the meaning of Section 4, Indian Medical Degrees Act. Section 4 of the Act provides that no person, save as provided by Section 3 conferring right to confer degrees, diplomas, licenses and certificates upon authorities as mentioned therein, shall confer, grant or issue or hold himself out as entitled to confer, grant or issue any degree, diploma, license, certificate or other documents stating or implying that the holder, grantee or recipient is qualified to practice western medical science.
2. Section 5 of the Act makes contravention of Section 4 punishable in the manner provided by the section. It appears to be clear from the evidence in the case, and upon the findings arrived at by the Deputy Magistrate who tried the case that the M.M.B. degree could be given only after the candidate for the degree had gone through what is described in the prospectus issued by the accused to be the senior course, which is an allopathic course. The defence version of the case that there was nothing mentioned in the diploma granting M.M.B. degrees that one was entitled to practise western medical science, and that there was nothing stated in the diploma which indicated that the degree was an allopathic degree, cannot be accepted in view of the prospectus of the institution issued at the instance of the accused. The trial Court has found on evidence, to which detailed reference has been made in its judgment, that the accused led people to believe that his college styled as 'The Dacca Medical College' was an allopathic college, which could award allopathic diplomas.
3. The learned Deputy Magistrate has further found that the accused issued the certificates, Exs. 2 and 5 in the case, as allopathic diplomas and that he granted M.M.B. degree to Syed Muhammad of Lucknow, implying that the said Syed Muhammad was qualified to practice western medical science. On the evidence in the case, and regard being had to the findings on evidence arrived at by the trial Court, the reason given by the learned Additional Sessions Judge that the language used in the certificate portion of the diploma given to Syed Muhammad could not be said to state or imply that the holder was qualified to practise western medical science, does not appear to me to be sound. The words used in the diploma admitting a particular candidate as a Member of the Medical Board (M.M.B.) have to be taken along with the prospectus issued by the accused, and the representation made by that prospectus, namely, that the granting of the M.M.B. degree could only follow after a candidate for the same had read the senior course, which was an allopathic course. In the above view of the case the recommendation made by the learned Sessions Judge for the acquittal of the accused person cannot be given effect to.
4. The reference is rejected, and the conviction of and the sentence passed on the accused Satis Chandra Dutta by the Deputy Magistrate, under Section 5, Indian Medical Degrees Act, are affirmed. The decision of the learned Magistrate is, in my judgment, a correct decision on the materials placed before the Court.